Obtaining Information on the Debtor's Assets for Effective Civil Enforcement
Japan Society for the Promotion of Science
Grants-in-Aid for Scientific Research
Project Year :
2019.04
-
2022.03
WATANABE MIYUKI
View Summary
The newly established procedures still contain problems, such as the basis for the third parties obligation to provide information, the scope of information, and the requirements for use. However, the number of uses is steadily increasing, and future trends are attracting attention. On the other hand, the Bar association inquiry is not only intended for civil enforcement, there are problems such as the burden on the reference and the instability of information acquisition (the use of arbitration in a broad sense would be effective in determining the obligation to accept inquiry). In this study, based on the characteristics of these procedures, their mutual relationships are analyzed and the guidelines for the use of procedures are presented. In addition, it will be necessary to consider the case where the obligee does not have a title of obligation, but the need to obtain obligor's information is high, such as the preservation of assets related to proceedings for corrective redress.
Building an effective international enforcement and protection system for various claims and civil matters
Japan Society for the Promotion of Science
Grants-in-Aid for Scientific Research
Project Year :
2016.04
-
2020.03
SAKAI Hajime
View Summary
A scope of private- and trade- activity is not restricted domestic world, rather become global. The international disputes are increasing in sphere of trade and family cases. The confirmation and declaration for private rights by judgements or arbitration awards is nothing without the effective enforcement system. The effective international enforcement system is indispensable. But the enforcement system is based on the sovereignty. The enforcement jurisdiction has territorial limit. The possibility to build it is researched based on comparative law-study from both practical and academic viewpoint.
Unit of Dispute Resolution and Binding Effect of Adjudication
Japan Society for the Promotion of Science
Grants-in-Aid for Scientific Research
Project Year :
2016.04
-
2019.03
WATANABE MIYUKI
View Summary
In this research, the relationship between an object of civil procedure (including arbitration and domestic case relations procedure etc) and the binding effect of an adjudication of a neutral third party is examined. As the starting point with the argument over Art.114 Code of Civil Procedure, which stipulates the scope of res judicata, I remarked that the Japanese rule of Res Judicata should be reexamined from the viewpoint of the global standard. In additon based on the development of the argument about the interpretation of "the same effect as a final and binding judgment" in other dispute solution systems, I mentioned that the content and the scope of the binding effect of adjudications are not same as Res Judicata of judgments, but that should be decided from the viewpoint of a prospective dispute solution unit to each system.